Burles Consulting Pty Ltd
[2022] FWCA 2007
•20 JUNE 2022
| [2022] FWCA 2007 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Burles Consulting Pty Ltd
(AG2022/1741)
Huon Regional Care General Staff Enterprise Agreement 2022
| Health and welfare services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 20 JUNE 2022 |
Application for approval of the Huon Regional Care General Staff Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Huon Regional Care General Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
The Health Services Union of Australia (the Union) contended that the dispute settlement procedure contained within the Agreement was not compliant with s186(6) of the Act. A similar clause is found in The Hobart Clinic Hospital Staff Enterprise Agreement 2019, which was approved by the Commission in September 2020[1]. For the reasons given therein, I am satisfied that the dispute settlement procedure meets the requirements of the Act.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from the first full pay period after 27 June 2022. The nominal expiry date of the Agreement is 19 June 2026.
DEPUTY PRESIDENT
Annexure A
[1] [2020] FWCA 4496.
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